Prominent Muslim clerics and scholars in the South West region have declared that application of Shari’ah principles are not meant for non-Muslims.
The Islamic clerics and scholars made this declaration on Tuesday in Ibadan, the Oyo State capital, while addressing a press conference organised by Concerned Yoruba Muslim Scholars in Nigeria and the Supreme Council for Shari’ah in Nigeria.
The press conference was attended by former Executive Secretary of Muslim Ummah of South West Nigeria, MUSWEN, Professor Daud Noibi, Executive Director of Muslim Rights Concern, MURIC, Professor Isiaq Akintola and General Secretary of Concerned Yoruba Muslim Scholars in Nigeria, Professor Abideen Olaiya.
President, Supreme Council for Shari’ah in Nigeria, Sheikh AbdurRasheed Hadiyatullahi and Chairman, Concerned Yoruba Muslim Scholars in Nigeria, Sheikh Abdurrasheed Mayaleeke, who addressed the journalists on behalf of others, declared that application of Shari’ah is not binding on non-Muslims.
The duo noted that the establishment of Sharia courts is exclusively meant for the Muslims and parties who wish to be adjudicated according to the Sharia principles.
They maintained that non-Muslims and anyone who is not interested in Shari’ah principles need not to fear because it is not binding on them.
The duo maintained that the establishment of Shari’ah courts should not be misconstrued as a prejudice to the rights of non-Muslims or an agenda to Islamize Nigeria.
They said that it was after all attempts to convince the Southwestern states to establish Sharī’ah Courts of Appeal failed that the Muslim community of each state started to launch Alterbative Dispute Resolution platforms named “Independent Sharī’ah Panel”.
The duo, while speaking further, maintained that this was done in order to adjudicate on Muslim disputes according to the Sharī’ah, and to fill the lacuna in the judiciary of their various states.
“The establishment of Sharia courts is exclusively meant for the Muslims and parties who wish to be adjudicated according to the Sharia principles, and its establishment should not be misconstrued as a prejudice to the rights of non-Muslims or an agenda to Islamize Nigeria.
“That the Sharī’ah arbitration being exercised by the existing Independent Sharī’ah Panels in Yorubaland is undoubtedly one of the recognised alternative dispute resolution methods in Nigeria.
“The Supreme Court of Nigeria in Agu v. Ikewibe has upheld the validity of such informal arbitrations. Also, S. 277 of the constitution recognises the jurisdiction of Sharī’ah as a source of law.
“It was after all attempts to convince the Southwestern states to establish Sharī’ah Courts of Appeal has failed that the Muslim Community of each state started to launch ADR platforms named “Independent Sharī’ah Panel” in order to adjudicate on Muslim disputes according to the Sharī’ah, and to fill the lacuna in the judiciary of their various states, as there are no courts of competent jurisdiction to handle matters related disputes related to Islamic personal law in these states, neither the High Court nor the Customary Court. (the Supreme Court has ousted the jurisdiction of both courts on civil matters of Islamic personal law in Alkamawa v. Bello and Usman v. Umaru).”
